Attorney General v Paperlink Ltd

JurisdictionIreland
Judgment Date01 January 1984
Date01 January 1984
CourtHigh Court
(H.C.)
Attorney General
and
Paperlink Ltd

Monopoly - Statutory monopoly in respect of the conveying of "letters" -Private courier service - Minister seeking an injunction - Whether defendant's trading in breach of the monopoly - Meaning of "letters" -Whether relevant provisions unconstitutional -Post Office Act, 1908 (c. 48), s. 34. Attorney General - Company operating in breach of a statutory monopoly - Attorney General, acting as guardian of public rights, seeking an injunction - Whether proceedings misconceived. Constitution - Statutory monopoly in respect of the conveying of "letters" - Whether violative of personal and property rights - Right to communicate - Right to earn a livelihood - Whether such a right a personal or a property right -Whether infringed - Interpretation - Purposive or literal approach - Whether court precluded from considering the principles of social policy -Onus of proof - Constitution of Ireland, 1937, Arts. 38, 40.3.1, 40.3.2, 45.3.1 - Post Office Act, 1908. Evidence - Challenge to the constitutionality of legislation conferring statutory monopoly on Post Office - Evidence as to the alleged inefficiency in the administration of the postal service - Whether admissible.

The Post Office Act, 1908, s. 34(2), as amended by the Ministers and Secretaries Act, 1924, gives the Minister for Posts and Telegraphs a monopoly of conveying letters and of providing related services. The defendants, a company and its directors, began to operate a courier service in Dublin in 1981. The plaintiffs sought a declaration and injunction in support of the state postal monopoly, which they contended had been breached by the defendants. The Attorney General sued as guardian of public rights. The defendants denied that they were engaged in conveying letters; alleged that their operation was a private messenger service permissible under the 1908 Act; and contested the right of the Attorney General to seek an injunction when the Act provided a summary criminal remedy. In a counterclaim the 2nd, 3rd and 4th-named defendants, the directors currently holding office, asserted that the 1908 Act was unconstitutional because it infringed the right of citizens to communicate freely (an alleged personal right due for protection under Article 40.3.1 or Article 40.6.1), as well as their right to earn a livelihood (an alleged personal or property right). Held by Costello J., granting the injunction and declaration sought by the plaintiffs and dismissing the...

To continue reading

Request your trial
66 cases
  • Irish Times Ltd v Ireland
    • Ireland
    • Supreme Court
    • 2 April 1998
    ...Attorney General for England and Wales v. Brandon Books Publishing Ltd.IR [1986] I.R. 597 considered. Attorney General v. PaperlinkDLRM [1984] ILRM 373 distinguished. 3. That the freedom of expression guaranteed by Article 40.6.1 of the Constitution included criticism of the government poli......
  • Freney v Freney
    • Ireland
    • High Court
    • 22 October 2008
    ...PERSON ACT 1997 S5 NON FATAL OFFENCES AGAINST THE PERSON ACT 1997 S9 NON FATAL OFFENCES AGAINST THE PERSON ACT 1997 S10 AG v PAPERLINK 1984 ILRM 373 O'CONNOR v WILLIAMS 2001 1 IR 248 1996 2 ILRM 382 1996/14/4287 POST OFFICE ACT 1908 ROAD TRAFFIC (PUBLIC SERVICE VEHICLE) REGS SI 191/1963 NEW......
  • Incorporated Law Society of Ireland v Carroll
    • Ireland
    • Supreme Court
    • 1 January 1996
    ...Citations: SOLICITORS ACT 1954 S56(1) SOLICITORS (AMDT) ACT 1994 S64 SOLICITORS ACT 1954 S59 SOLICITORS ACT 1954 S59(1) AG V PAPERLINK 1984 ILRM 373 GOURIET V UPW 1978 AC 435 GOODMAN INTERNATIONAL LTD V HAMILTON 1992 2 IR 542 SOLICITORS ACT 1954 S77(1) MOORE V AG 1930 IR 471 SPUC V COOGAN......
  • Kenny (t/a Denture Express) v Dental Council
    • Ireland
    • High Court
    • 25 May 2004
    ...ACT 1985 S9(1) DENTISTS ACT 1985 S9(1)(F) DENTISTS ACT 1985 S9(2) DENTISTS ACT 1985 S15(1) DENTISTS ACT 1985 S15(2) AG v PAPERLINK 1984 ILRM 373 COMPETITION ACT 1991 S4(1) TREATY OF ROME ART 81 COMPETITION ACT 2002 S5(1) TREATY OF ROME ART 82 COMPETITION ACT 1991 S4DONOVAN & ORS v ESB & AN......
  • Request a trial to view additional results
8 books & journal articles
  • An Audit of Fair Procedures within the GAA: The Impetus for Change of the GAA's Disciplinary Rules Provided by the Na Fianna Action
    • Ireland
    • Trinity College Law Review No. VII-2004, January 2004
    • 1 January 2004
    ...(1997) 5(3) Sport and Law Journal 5. 74 See, Murtagh Properties v. Cleary [1972] IR 330, Murphy v. Stewart [1973] IR 97, AG v. Paperlink [1984] ILRM 373, In Re Article 26 and the Employment Equality Bill, 1996 [1997] 2 IR 321. The right to earn a livelihood has been classified as an unenume......
  • Does Expression Have Any Freedom Left? Murphy v. Independent Radio and Television Commission
    • Ireland
    • Trinity College Law Review No. I-1998, January 1998
    • 1 January 1998
    ...of law, form and fact, would like to acknowledge his assistance. 1 (1943) 52 F Supp 362, 372. 2 Attorney General v. Paperlink Ltd. [1984] ILRM 373; Kearney v. Minister for Justice [1987] ILRM 52; Oblique Financial Services Ltd. v. The Promise Production Co. Ltd. [1994] 1 ILRM 74; Carraigali......
  • Constitutional Rights and Covid-19: O'Doherty & Anor v Minister for Health & Ors [2020] IEHC 209
    • Ireland
    • Cork Online Law Review No. 20-2021, January 2021
    • 1 January 2021
    ...Corporation [1998] IESC 26 [16]. 51 Ryan v Attorney General [1965] IESC 1, [1965] IR 294. 52 Attorney General v Paperlink [1983] IEHC 1, [1984] ILRM 373. 53 Brendan Glynn, ‘COVID-19: The Constitutionality of the Emergency Legislation in Response to the COVID-19 Outbreak’ [2020] 38(14) Irish......
  • Regulating Religious Function: The Strange Case of Mass Cards
    • Ireland
    • Hibernian Law Journal No. 9-2010, January 2010
    • 1 January 2010
    ...observe distinctions on religious grounds where necessary to ensure the free practice of religion. 122 Attorney General v Paperlink Ltd [1984] ILRM 373 [hereinafter Paperlink ]. 123 Ibid , p 385. 124 Kelly, in Litton (ed) The Constitution of Ireland, 1937–1987 (Dublin: Institute of Public A......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT